Rajasthan High Court - Jodhpur
Ram Singh Dudy vs State And Ors (2025:Rj-Jd:45006) on 14 October, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:45006]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14845/2015
Ram Singh Dudy son of Shri Nekiram Dudy, aged 58 years, by
caste Jat, Resident of Hanumangarh at present working as
Conductor, Rajasthan State Road Transport Corporation,
Hanumangarh Depot, Hanumangarh.
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Ministry of
Transport, Transport Department, Government of Rajasthan,
Secretariat, Jaipur.
2. Chairman - cum - Managing Director, Rajasthan State Road
Transport Corporation, Parivahan Marg, Chomu House, Jaipur.
3. Chief Manager, Rajasthan State Road Transport Corporation,
Hanumangarh Depot, Hanumangarh.
4. Chief Manager, Rajasthan State Road Transport Corporation,
Bikaner Depot, Bikaner.
----Respondent
For Petitioner(s) : Mr. Shardul Singh
For Respondent(s) : Mr. Sunil Purohit
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/10/2025
1. An application seeking early hearing of the case has been
preferred by the learned counsel for the petitioner.
2. For the reasons and grounds mentioned in the application,
the same is allowed.
3. Heard learned counsel for the petitioner.
4. Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered by a
judgment of this Court rendered in S.B. Civil Writ Petition
No.8810/2014 "Tara Chand Vs. Rajasthan State Road
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[2025:RJ-JD:45006] (2 of 3) [CW-14845/2015]
Transport Corporation & Anr." decided on 25.01.2017 in the
following terms:-
"Apparently, by effect of the above circular, benefit of
second selection scale falling due to the petitioner could
only have been deferred by two years and not more. In this
background, the decision of the respondent Corporation to
defer second selection scale admissible to the petitioner
from 6.10.2008 to 6.10.2019 is totally unjustified, arbitrary
and contrary to the circulars adopted by the Corporation.
The impugned action of the respondents is thus
quashed and struck down. The respondents shall extend the
benefit of second selection scale to the petitioner by making
a deferment of two years from the date of his actualentitle-
ment. Monetary benefits flowing from the above direction
shall be paid to the petitioner within a period of six months
from today with interest @ 6% per annum from the date of
accrual till the date of actual payment. In case, the payment
is delayed beyond three months, the interest shall stand en-
hanced to 9% per annum and shall be recoverable from the
official/s responsible for causing the delay if any.
The writ petition is allowed in these terms. No
order as to costs."
5. Learned counsel further submits that the order dated
25.01.2017 was affirmed by the Division Bench in D.B. Civil
Special Appeal (Writ) No.524/2018 decided on 02.12.2021.
Against the order dated 02.12.2021 passed by the Division Bench
of this Court, a Special Leave Petition No.10330/2022 was
preferred before Hon'ble the Supreme Court and the same was
also dismissed vide judgment dated 13.07.2022.
6. In this view of the matter, the learned counsel for the
petitioner submit that the petitioner may be permitted to file a
representation before the respondents, who shall consider the
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[2025:RJ-JD:45006] (3 of 3) [CW-14845/2015]
same in light of the judgment rendered by this Court in the case
of Tara Chand (supra).
7. In view of the limited prayer made by the learned counsel for
the petitioner, the present writ petition is disposed of with a
direction that in the event of filing a representation by the
petitioners, the respondent shall decide the same within a period
of four weeks from the date of its receipt; if the case of the
petitioner falls within the purview of the law laid down by this
Court in the case of Tara Chand (supra); the same shall be
decided in terms of the judgment above.
8. Stay petition also stands disposed of.
(FARJAND ALI),J
163-divya/-
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